Thursday, September 15, 2016

Oral argument set in UCL/CLRA arbitration case: McGill v. Citibank

On October 6, 2016 at 9:00 a.m. in San Francisco, the Supreme Court will hear oral argument in McGill v. Citibank, No. S224086. This case presents the question of whether the Federal Arbitration Act, as construed in Concepcion, preempts the Broughton-Cruz rule.

The Broughton-Cruz rule basically holds that claims for public injunctive relief, such as that available under the UCL and CLRA, are inarbitrable. For more on the rule, see this blog post. For more on the Court of Appeal's opinion, see this blog post.

On Monday, the defendant filed a request that the argument be moved to the December calendar, but the docket indicates no ruling on that request as of Tuesday afternoon. UPDATE: The argument will be moved to the December calendar, exact date and time to be announced.